§ 23. Disposition of shelters on expiration of franchise.

A.

In the event that the franchise expires and is not renewed, the city may purchase the shelters and facilities then in place upon such terms and for such consideration as may be agreed to by the city and the company prior to the expiration of the franchise. If prior to the expiration of the franchise or within ninety (90) days following such expiration the city elects to award a franchise to any other person or company, and the city elects to have the new franchisee operate and maintain the shelters which have been installed pursuant to this franchise, then the new franchisee shall purchase such shelters on such terms and for such consideration as may be agreed to by the new franchisee and the company.

B.

Notwithstanding the provisions of paragraph A of this section, in the event that the term of this franchise expires and the city and company have not renewed the franchise for an additional term, the company shall at its own expense remove all of the shelters and facilities which it has installed or caused to be installed upon or below the public streets and highways or public places of the city and shall restore the streets and highways of the city to their former condition in a manner satisfactory in the judgment of the director of public works. If the company fails to remove all such shelters and facilities within ninety (90) days after the expiration of the franchise, the city may have the shelters and facilities removed and require the company to pay the cost of such removal. In the event that the shelters and facilities have not been sold pursuant to paragraph A of this section or removed by the company, all right and title to the shelters shall be deemed to have passed to and vested in the city. The company agrees that in such circumstances it will execute such documents as the city attorney may require to transfer the title to such shelters and facilities.

(Ord. No. 17237, § 23, 5-9-85; C.F. No. 95-516, § 23, 6-7-95; C.F. No. 05-457, § 23, 6-8-05)